BILL NUMBER: SB 670	CHAPTERED  07/23/99

	CHAPTER   161
	FILED WITH SECRETARY OF STATE   JULY 23, 1999
	APPROVED BY GOVERNOR   JULY 22, 1999
	PASSED THE ASSEMBLY   JULY 12, 1999
	PASSED THE SENATE   MAY 24, 1999
	AMENDED IN SENATE   APRIL 28, 1999

INTRODUCED BY   Senator Rainey

                        FEBRUARY 24, 1999

   An act to amend Sections 31760.2, 31785.1, and 31786.1 of the
Government Code, relating to county employees retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 670, Rainey.  County employees retirement:  death benefits.
   The County Employees Retirement Law of 1937 contains alternative
death benefits provisions that are operative in any county when
adopted by a majority vote of the board of supervisors.
   This bill would make those provisions operative by a majority vote
of the board of retirement of any county.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 31760.2 of the Government Code is amended to
read:
   31760.2.  Notwithstanding Section 31760.1, upon the death of any
member after retirement for service or non-service-connected
disability from a retirement system established in a county pursuant
to this chapter, 60 percent of his or her retirement allowance, if
not modified in accordance with one of the optional settlements
specified in this article, shall be continued throughout life to his
or her surviving spouse.  If there is no surviving spouse entitled to
an allowance under this section or if she or he dies before every
child of the deceased member attains the age of 18 years, then the
allowance which the surviving spouse would have received had he or
she lived, shall be paid to his or her child or children under that
age collectively, to continue until every such child dies or attains
that age.  However, no child shall receive any allowance after
marrying or attaining the age of 18 years.
   No allowance shall be paid under this section to a surviving
spouse unless he or she was married to the member at least two years
prior to the date of death and has attained the age of 55 years on or
prior to the date of death and no other person has been designated
in an order of a court in a domestic relations proceeding as a payee.

   Notwithstanding any other provisions of this section, the benefits
otherwise payable to the children of the member shall be paid to the
children through the age of 21 if the children remain unmarried and
are regularly enrolled as full-time students in an accredited school,
as determined by the board.
   If at the death of any retired member there is no surviving spouse
or minor children eligible for the 60-percent continuance provided
in this section and the total retirement allowance income received by
him or her during his or her lifetime did not equal or exceed his or
her accumulated normal contributions, his or her designated
beneficiary shall be paid an amount equal to the excess of his or her
accumulated normal contributions over his or her total retirement
allowance income.
   No allowance shall be paid pursuant to this section to any person
who is entitled to an allowance pursuant to Section 31760.1.
   The superseding rights pursuant to this section shall not affect
benefits payable to a named beneficiary as provided under Section
31789, 31789.01, 31789.1, 31789.12, 31789.13, 31789.2, 31789.3,
31789.5, or 31790.
   This section shall not be operative in any county until the time
as the board of  retirement shall, by a majority vote, make this
section applicable in the county.
  SEC. 2.  Section 31785.1 of the Government Code is amended to read:

   31785.1.  Notwithstanding Section 31785, upon the death of any
safety member, after retirement for service or non-service-connected
disability from a retirement system established in a county pursuant
to this chapter, 60 percent of his or her retirement allowance if not
modified in accordance with one of the optional settlements
specified in Article 11 (commencing with Section 31760), shall be
continued throughout life to his or her surviving spouse.  If there
is no surviving spouse entitled to an allowance under this section or
if she or he dies before every child of the deceased safety member
attains the age of 18 years, then the allowance which the surviving
spouse would have received had he or she lived, shall be paid to his
or her child or children under that age, collectively, to continue
until every child dies or attains that age.  However, no child shall
receive any allowance after marrying or attaining the age of 18
years.
   No allowance shall be paid under this section to a surviving
spouse unless he or she was married to the safety member at least two
years prior to the date of death and has attained the age of 55
years on or prior to the date of death and no other person has been
designated in an order of a court in a domestic relations proceeding
as a payee.
   Notwithstanding any other provisions of this section, the benefits
otherwise payable to the children of the member shall be paid to the
children through the age of 21 if the children remain unmarried and
are regularly enrolled as full-time students in an accredited school
as determined by the board.
   No allowance shall be paid pursuant to this section to any person
who is entitled to an allowance pursuant to Section 31785.
   The superseding rights pursuant to this section shall not affect
benefits payable to a named beneficiary as provided under Section
31789, 31789.01, 31789.1, 31789.12, 31789.13, 31789.2, 31789.3,
31789.5, or 31790.
   This section shall not be operative in any county until the time
as the board of  retirement shall, by a majority vote, make this
section applicable in the county.
  SEC. 3.  Section 31786.1 of the Government Code is amended to read:

   31786.1.  Notwithstanding Section 31786, upon the death of any
member after retirement for service-connected disability, his or her
retirement allowance as it was at his or her death if not modified in
accordance with one of the optional settlements specified in Article
11 (commencing with Section 31760), shall be continued throughout
life to his or her surviving spouse.  If there is no surviving spouse
entitled to an allowance under this section or if he or she dies
before every child of the deceased member attains the age of 18
years, then the allowance which the surviving spouse would have
received had he or she lived, shall be paid to his or her child or
children under that age, collectively, to continue until every such
child dies or attains that age.  However, no child shall receive any
allowance after marrying or attaining the age of 18 years.
   No allowance shall be paid under this section to a surviving
spouse unless he or she was married to the member at least two years
prior to the date of death and has attained the age of 55 years on or
prior to the date of death and no other person has been designated
in an order of a court in a domestic relations proceeding as a payee.

   Notwithstanding any other provisions of this section, the benefits
otherwise payable to the children of the member shall be paid to the
children through the age of 21 if the children remain unmarried and
are regularly enrolled as full-time students in an accredited school
as determined by the board.
   No allowance shall be paid pursuant to this section to any person
who is entitled to an allowance pursuant to Section 31786.
   The superseding rights pursuant to this section shall not affect
benefits payable to a named beneficiary as provided under Section
31789, 31789.01, 31789.1, 31789.12, 31789.13, 31789.2, 31789.3,
31789.5, or 31790.
   This section shall not be operative in any county until  the time
as the board of  retirement shall, by a majority vote, make this
section applicable in the county.
